The Federal Employers’ Liability Act (FELA) was designed to protect railroad workers who are injured on the job due to negligence. But many workers in the railroad industry aren’t directly employed by railroad companies—they work as independent contractors or for third-party service providers. So, a common and important question arises:
Do railroad contractors qualify for FELA coverage?
The short answer? Generally, no—but there are exceptions. Let’s break it down.
What Is FELA?
FELA is a federal law enacted in 1908 to compensate railroad employees injured due to the negligence of their employer, coworkers, or unsafe working conditions. Unlike workers’ compensation, FELA requires proof of fault but typically results in higher compensation for injured workers.
However, FELA only applies to employees, not independent contractors.
Why Contractors Usually Aren’t Covered
Contractors typically do not meet the legal definition of an “employee” under FELA. If you’re hired by a third-party company that provides services to a railroad—such as maintenance, inspection, or construction—you likely fall outside the scope of FELA protection.
That means if you’re injured while performing work on or near railroad property, you may not be able to file a FELA claim.
When Might a Contractor Still Qualify?
There are limited situations in which someone classified as a contractor could still be covered under FELA. These include:
1. Misclassification
If the railroad exerts significant control over your work, schedule, equipment, or methods—even though you’re labeled a contractor—you may be able to argue that you were actually an employee. Courts consider the nature of the working relationship, not just the title.
2. Joint Employment
In some cases, a worker may be considered jointly employed by both the railroad and the contracting company. If so, FELA protections may still apply.
3. Borrowed Servant Doctrine
If the contractor was temporarily under the direction of the railroad at the time of injury, and the railroad controlled the work being done, FELA coverage may be possible.
These are fact-intensive inquiries and must be reviewed on a case-by-case basis.
What Can Injured Contractors Do?
Even if you’re not eligible for a FELA claim, you still have options. Injured railroad contractors may:
File a personal injury lawsuit under state law if negligence was involved
Pursue workers’ compensation through their direct employer, if applicable
File a premises liability claim if injured due to unsafe conditions on railroad property
Consulting with an experienced railroad injury lawyer is critical to determine the best course of action based on the facts of your case.
Final Thoughts: Speak with a FELA Attorney
The question of whether you qualify for FELA as a contractor is complex and depends on how much control the railroad had over your work, the structure of your employment, and how the accident occurred. If you’ve been hurt while working on railroad property—even as a contractor—don’t assume you’re out of options.
The FELA lawyers at Kujawski & Associates can evaluate your case and determine if you’re eligible for compensation under FELA or another legal avenue. Contact us today for a free consultation.
